Toepfer v. Steer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: MaetiN L. Lueck, Circuit Judge. Tbe plaintiff contracted to furnish and put in place for tbe defendants certain machinery and equipment for a' malting plant, tbe alleged reasonable value of which material and labor was $9,283.76. It was averred, in tbe complaint that plaintiff bad pei’formed and that there was paid on account all of this sum except $597.89, for which judgment was .asked.
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Appeal from a judgment of tbe circuit court for Dodge county: MaetiN L. Lueck, Circuit Judge. Tbe plaintiff contracted to furnish and put in place for tbe defendants certain machinery and equipment for a' malting plant, tbe alleged reasonable value of which material and labor was $9,283.76. It was averred, in tbe complaint that plaintiff bad pei’formed and that there was paid on account all of this sum except $597.89, for which judgment was .asked. Among other articles furnished were four “steep tanks” and a “set of cold-air blinds for the kiln furnace.” The defendants alleged by way of…
1Opinion of the CourtBabees, J.
The errors assigned are (1) erroneous rulings on evidence; (2) failure to instruct the jury as requested; (3) giving erroneous instructions; (4) refusal to change the answer of the first question from “Yes” to “No;” (5) failure to grant a new trial; (6) compelling defendants to elect as to which of two measures of damages claimed on account of the steeping tanks they would rely on.
The evidence warranted the jury in finding that the steep tanks furnished had 800 bushels capacity. This conclusion eliminates most of the errors assigned, because they relate to rulings on evidence bearing on the…
2Cases cited4 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Manthey v. StockWisconsin Supreme Court · 1907
- Mueller v. BurtonWisconsin Supreme Court · 1909
3Cited by5 opinions
- Throm v. Koepke Sand & Gravel Co.Wisconsin Supreme Court · 1952
- Cherry Bros. Trading Co. v. Rock Island Implement Co.Supreme Court of Oklahoma · 1923
- People's Ice & Fuel Co. v. SeratSupreme Court of Oklahoma · 1915
- Salyer v. Central National BankSupreme Court of Oklahoma · 1957
- Throm v. Koepke Sand & Gravel Co.Wisconsin Supreme Court · 1952